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Excerpt of letter to Kenneth M. Mead, US Department of Transportation
 

The time period when these illegal acts were occurring was when it was having contract disputes with its unions resulting in many cancelled and delayed flights two years ago. This was the beginning of United's financial downfall. That is why I feel it is urgent to inform you of this situation now that United has filed for bankruptcy and is even more desperate to reduce its daily cash burn.

In fact, last Thursday, I received by FedEx from World Headquarters in Chicago United's Order for Relief under Title 11 stating that this act operates as a stay of my protections under this very ineffective law. My attorney has in addition been ordered by the administrative review board to file a brief within 45 days as to why this court should not order a stay. This is absurd. Why wasn't this issue of bankruptcy protection vs. whistleblowing protection ever dealt with in the creation of this law? Isn't whistleblowing supposed to be in the public interest? When The FAA confirmed the activities that I reported, I should have been ordered back to work and the burden of proof placed on United. Unfortunately, under Wendell Ford, the burden of proof is placed on me. Government attorneys should have been assigned to represent me at no cost. This legislation favors the employer and lacks teeth.

I have obtained a copy of your March 28th, 2001 letter to The Honorable James E. Clyburn assuring him that the FAA had taken steps to implement the whistleblower provisions of the AIR-21 Act. You state that The FAA has the responsibility to investigate alleged safety violations while OSHA investigates employee complaints of alleged discrimination by air carriers. You also mention that the FAA had published a bulletin on February 27, 2001, to provide internal guidance and procedures to its safety inspectors concerning the whistleblower provisions. Why then were FAA inspectors giving my name to UAL head honchos as late as May 15, 2001? As you have seen, The FAA has confirmed that my allegations are no longer allegations. So where is this so-called coordination between the FAA and DOL that you write about in the Memorandum of Understanding (MOU) that allowed an ALJ to dismiss my case after the FAA investigation before even receiving a hearing? Is my case too hot to handle? In addition, myself and every other mechanic I talked to have never seen any of those 50,000 posters you assured Congressman Clyburn were being sent to air carriers either. This very obscure poster on The FAA website states that "Air Safety is YOUR responsibility!" I carried out my responsibility. Where is the protection? This so-called whistleblowing protection program is just one big outrageous lie.

Anyone who has seen what I have been put through, losing my job, having to hire legal representation while still unemployed, ($4,000 so far and still climbing), and then to see United's huge international law firm, Brobeck, use legal maneuvering to keep this matter from court, would never consider doing what I did. As it now stands, innocent passengers will continue to fly in unsafe planes due to the traditional lack of whistleblowing protection and the stigma that still exists for blowing the whistle!

 
Last update Friday, February 14, 2003. Copyright © 2003 Jeremy Cooperstock. All Rights Reserved.